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180067 12/08/2009 CITY OF CARMEL, INDIANA VENDOR: 00352484 Page 1 of 1 ONE CIVIC SQUARE FIELDSOFT INC CARMEL, INDIANA 46032 PO BOX 1378 CHECK AMOUNT: $996.00 CHANDLER AZ 85244 -1378 CHECK NUMBER: 180067 CHECK DATE: 12/812009 DEPARTMENT ACCOUNT PO NUMBER INVOICE N UMBER AMOUNT DESCRIPTION 1120 4351502 AAAQ1508 996.00 SOFTWARE MAINZ' CONTRA Fieldmil PO 1378 Chandler, Arizona 85244 -1378 Phone: 480- 899 -2128 Fax: 480 -899 -8123 Email: information @fieldsoft.com Re N Date Notice Please Direct An Questions To: 11/04/09 AAAQ1508 Renewal Contact Party: y l Carmel Fire Department Mar Bouchard Robert Hensley Phone: 4801899 -2128 Your software support and 2 Civic Square Fax: 4801899 -8123 software enahncement (SSSE) Carmel, IN 46032 E -mail markb @fieldsoft.com subscription will expire USA shortly. Please provide a purchase order or remit Phone: 317- 571 -2600 payment promptly to enjoy Fax: 317 -571 -2615 uninterrupted support services from FieldSoft. r 1l bhensley@carmel.irt.gov Thank you. mm SSSE Expir D ate 11/3 0/200 9 12:00 AM Ln qty_ Part des cription Unit Price Ext. Price 1, 1 2 AimSU SSSE AIMSonSceneSU SSSE (software support software $498.00 $996.00 enhancement) subscription 12 month software support and software enhancement (SSSE) subscription typically entitling customer to email support, telephone support, and "dot' or "full point' software upgrades generally released during the subscription term- Full details are contained within the FieldSoft SSSE document. Per unit cost is based upon quantity purchased. SubTotal $996.00 Sales Tax $0.00 Shipping $0.00 Total $996.00 Standard FieldSoft Terms and Conditions Payment Terms. Net 30 Prices, features, and availability. Products and services prices, features, and availability absent a properly executed and time limited quotation are subject to change without advanced notice. Payment terms. All invoices shall be paid in U.S. dollars and in full 30 days from invoice date. A late payment charge of 1.5 percent of the outstanding amount per calendar month will be assessed for late payment. Sales Tax (AKA Transaction Privilege Tax). Retail products purchased by customers with a physical presence within Arizona are subject to local, county and state transaction privilege tax of 7.8 Some exceptions may apply to federal facilities and Native American communities located within Arizona. Shipping and Handling. FOB Destination, Freight Prepaid and Added. Delivery. Allow up to 30 days for delivery. Software Warranty. FieldSoft products are warranted for 90 days from the date of product receipt in accordance with end user license agreement and warranty included with each product. Note that FIELDSOFT PRODUCT USER WARRANTIES ARE THE EXCLUSIVE WARRANTIES COVERING FIELDSOFT PRODUCTS AND ARE IN LIEU OF ANY OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 11/04/09 15:25:37 Page i Potential Patent, Trademark, Copyright Infringement. FieldSoft will, except as otherwise provided below, defend or settle any claim made or suit or proceeding brought against Raytheon so far as it is based on an allegation that any FieldSoft Product sold to customer infringes a North American patent, trademark or copyright, provided FieldSoft is notified promptly in writing and given information, assistance and sole authority to defend or settle same at FieldSoft expense; and FieldSoft will pay all damages and costs finally awarded therein against Raytheon or amounts agreed to in the case of a settlement. If any such FieldSoft product is held to infringe and its use is enjoined, FieldSoft will have the option at FieldSoft expense to replace same with a non infringing product, or modify same so it does not infringe, or reimburse customer for the net cost to customer of infringing product. Intellectual Property. All FieldSoft product source code, associated copyrights or patents, and intellectual property developed by FieldSoft for commercial off -the -shelf products remain the sole property of FieldSoft, in accordance with FieldSoft's standard end user license agreement. Software Unlock Codes. FieldSoft's single user and P2P commercial off the -shelf (COTS) software products require a software unlock code to run beyond 30 days following installation. Unlock codes are unique to each individual computer on which the software resides. Unlock codes can be obtained on a 2417 basis via www.fieldsoft/com /pw. Unlock codes may also be obtained via telephone or email, by contacting FieldSoft during normal business Compliance With Laws. FieldSoft warrants that all goods and services which maybe supplied pursuant to properly executed purchase order will have been produced and supplied in compliance with all applicable federal, state, and local laws, orders, rules and regulations. This warrant includes the following U.S. regulatory provisions by reference: A) Equal Opportunity, 41 CFR §60- 1.4(A); B) Equal Opportunity for Special Disabled Veterans and Veterans of the Vietnam, 41 CFR §60- 250.5(A); C) Equal Opportunity for Workers With Disabilities, 41 CFR §60- 741.5(A); and D) Prohibition of Segregated Facilities, 41 CFR §60 -1.8. FieldSoft also warrants compliance with other applicable regulations promulgated by the U.S. Secretary of Labor 41 CFR PARTS 60 AND 61. Force Majeure. FieldSoft will make every reasonable effort to promptly notify the customer if an event of force majeure prevents or delays the total or partial performance of FieldSoft obligations associated with fulfillment of a purchase order. FieldSoft will promptly notify customer at the end of the period of force majeure. Liquidated Damages. FieldSoft does not pay- liquidated damages for commercial off the -shelf software, software suppert, or training services. Other Limitations. FieldSoft's software limitation of liabilities, merchantability, fitness for a particular purpose and non infringement for product is that contained within the standard FieldSoft Inc. end users license agreement. Additional Fieldsoft Terms and Conditions For Hardware Purchases Warranties: FieldSoft sells the third party hardware and software products listed within this invoice without any express or implied warranties. In the event of any defect of nonconformity, Buyer's sole remedies shall be the warranties provided by the Manufacturer. Limitation of Liability: Buyer shall not be entitled to any incidental, consequential or special damages of any kind. In no event will FieldSoft be liable for any incidental, consequential or special damages of any kind pursuant to the sale of third party products. 11/04/09 15:25:37 Page 2 f Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) AAAQ1508 $996.00 I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6 20 Clerk- Treasurer VOUCHER NO. INARF' NO. ALLOWED 20 Fieldsoft IN SUM OF P.O. Box 1378 Chandler, AZ 85244 $996.00 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 1120 AAAQ1508 43- 515.02 $996.00 1 hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except DEC 2009 Fire Chief Title Cost distribution ledger classification if claim paid motor vehicle highway fund